Nirmal Yadav @ Nirmal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54709 of 2024 Arising Out of PS. Case No.-260 Year-2023 Thana- PARASBIGHA District- Jehanabad ====================================================== 1.

Nirmal Yadav @ Nirmal Kumar son of Late Suresh Yadav Villagelachhubigha Ps- Parasbigha Dist- Jehanabad 2.

Om Yadav @ Om Kumar son of Pechu Yadav Village- lachhubigha PsParasbigha Dist- Jehanabad ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nagmani Kumar, Adv.

For the Opposite Party/s :

Mr.Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 31-08-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seek regular bail in connection with Parasbigha P.S. Case No. 260 of 2023 lodged under Sections 341, 323, 302, 504, 506/34 of the I.P.C.

3. As per the prosecution case, the F.I.R. has been lodged against seven named accused persons including the petitioners against whom there is allegation that they attacked on the informant's house by bricks. In the meantime, due to attack by the bricks, the father of the petitioners injured and when he went to hospital with the help of co-villagers, doctor declared him died.

Patna High Court CR. MISC. No.54709 of 2024(3) dt.31-08-2024 2/3

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. He submits that from the content of F.I.R., it become crystal clear that both informant and accused persons are resident of same village and they are well known to each other.

5. Counsel further submits that on petty issue relating to land, the scuffling took place between informant and petitioners' family. He further submits that the deceased was old aged person of about 70 years and due to scuffling, he died due to heard attack and same internal cause and not due to attack by bricks.

6. Counsel further submits that he has annexed postmortem report which is Annexure-2 of the bail application and on the post-mortem report, there is no external injury found on the body of the deceased.

7. Counsel for the petitioners submits that petitioners are in custody since 30.04.2024 and petitioner No.1 has clean antecedent whereas petitioner No.2 has one criminal antecedent in which he has been acquitted. He further submits that the petitioners are law abiding citizens and they shall face the trial and ready to fulfill all the conditions whatsoever shall be imposed upon them.

Patna High Court CR. MISC. No.54709 of 2024(3) dt.31-08-2024 3/3

8. Counsel also submits that the other co-accused has been granted bail by this Court vide order dated 26.07.2024 passed in Cr. Misc. No. 36748/2024.

9. Learned counsel for the State opposes the prayer for bail.

10. In the present facts and circumstances of this case and the submissions made above, let the petitioners above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. -1st Class, Jehanabad in connection with Parasbigha P.S. Case No. 260 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.

(Dr. Anshuman, J.) Prakashmani/- U T